Nontraditional Family Member Gets Rent-Stabilized Apartment

Landlord sued to evict apartment occupant from rent-stabilized apartment after tenant died. Occupant claimed that she was a co-tenant or, alternatively, that she was entitled to succession rights as a nontraditional family member. The court ruled for the occupant and dismissed the case. Occupant was a named co-tenant on the vacancy lease between landlord and deceased tenant. Landlord sent renewal leases only to tenant but named occupant as a tenant on DHCR annual rent registrations since 2006. Occupant also was listed as the sole tenant of record for 2014 and 2015. Occupant’s name also was on income certification documents except for 2010. Occupant testified to a 30-year family-type relationship with tenant and submitted proof of shared resources. The court found that proof of occupant’s status as a rent-stabilized tenant was overwhelming. If not, she proved she was entitled to succession rights.

Paul O. Register Houses L.P. v. Taylor: Index No. 66754/14, NYLJ No. 1202751009801 (Civ. Ct. NY; 1/28/16; Hahn, J)